236 Ga. App. 571 - State v. Gillette’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. 2”

   1 later decision quote this exact passage
   e.g. Dodgen v. State

2. “[T]here was no conflict in the evidence for the [trier of fact] to resolve. Thus, as a matter of credibility, even if the [trier of fact] chose to disbelieve [Finley’s] testimony [that he was not apprehensive], the [jury] was presented with no evidence by which to establish [a different] version of events.... Disbelief of a witness’ testimony as to certain facts does not, by itself, factually establish the opposite conclusion so as to serve as proof thereof. “A fact is not proved unless it is established.””

   1 later decision quote this exact passage
   e.g. 272 Ga. App. 122 - Lemming v. State

3. “there was no conflict in the evidence for the trial court to resolve. Thus, as a matter of credibility, even if the trial court chose to disbelieve the police officer’s testimony, the court was presented with no evidence by which to establish [a different] version of events. . . . Disbelief of a witness’ testimony as to certain facts does not, by itself, factually establish the opposite conclusion so as to serve as proof thereof. A fact is not proved unless it is established.”

   1 later decision quote this exact passage
   e.g. 256 Ga. App. 185 - State v. Warren